sec.393Certain approvals to lapse

### sec.393 Certain approvals to lapse This section applies to an approval given by the commission before 28 July 1999 for an increase in the number of gaming machines installed on licensed premises. If, by the relevant date, no additional gaming machines have been installed under an approval to which this section applies, the approval lapses. If, by the relevant date, some but not all the additional gaming machines approved under an approval to which this section applies have been installed, the approval is taken to be an approval for an increase in the number of gaming machines to the number installed by that date and to authorise the installation of no further gaming machines. The commission may fix a date falling after 13 December 2000 as the relevant date for particular licensed premises if— the licensee— applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and provides the commission with information and materials for which it reasonably asks to help it decide the application; and the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. The commission might consider the fact that licensed premises are subject to major renovations or a major extension and the work is substantially complete or has been delayed for reasons outside the licensee’s control are good reasons for deferment of the relevant date. The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. In this section— relevant date means— 13 December 2000; or for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). s 393 ins 2000 No. 51 s 84 (sec.393-ssec.1) This section applies to an approval given by the commission before 28 July 1999 for an increase in the number of gaming machines installed on licensed premises. (sec.393-ssec.2) If, by the relevant date, no additional gaming machines have been installed under an approval to which this section applies, the approval lapses. (sec.393-ssec.3) If, by the relevant date, some but not all the additional gaming machines approved under an approval to which this section applies have been installed, the approval is taken to be an approval for an increase in the number of gaming machines to the number installed by that date and to authorise the installation of no further gaming machines. (sec.393-ssec.4) The commission may fix a date falling after 13 December 2000 as the relevant date for particular licensed premises if— the licensee— applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and provides the commission with information and materials for which it reasonably asks to help it decide the application; and the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. The commission might consider the fact that licensed premises are subject to major renovations or a major extension and the work is substantially complete or has been delayed for reasons outside the licensee’s control are good reasons for deferment of the relevant date. (sec.393-ssec.5) The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. (sec.393-ssec.6) In this section— relevant date means— 13 December 2000; or for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). - (a) the licensee— (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and - (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and - (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and - (b) the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. Example of good reasons to allow a deferment— The commission might consider the fact that licensed premises are subject to major renovations or a major extension and the work is substantially complete or has been delayed for reasons outside the licensee’s control are good reasons for deferment of the relevant date. - (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and - (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and - (a) 13 December 2000; or - (b) for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5).